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People v. Eimers

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


June 30, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
EUGENE EIMERS, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Suffolk County (R. Doyle, J.), rendered September 5, 2006, convicting him of attempted robbery in the second degree, upon his plea of guilty, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

ROBERT A. SPOLZINO, J.P., FRED T. SANTUCCI, ANITA R. FLORIO and PLUMMER E. LOTT, JJ.

(Ind. No. 184/06)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's valid and comprehensive waiver of his right to appeal forecloses appellate review of his contention regarding the hearing court's suppression determination (see People v Kemp, 94 NY2d 831, 833; People v Perry, 60 AD3d 974, lv deniedNY3d; People v Russell, 60 AD3d 706).

SPOLZINO, J.P., SANTUCCI, FLORIO and LOTT, JJ., concur.

20090630

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